Telangana High Court
WP/24624/2004 of G. Srinivas Rao, Vs Mandal Revenue Officer, on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24624 of 2004 Between: G. Srinivas Rao, S/o. Butchi Narsimha Rao, R/o. H.No. 2-2-413
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24624 of 2004
Between:
G. Srinivas Rao, S/o. Butchi Narsimha Rao,R/o. H.No. 2-2-413 (Plot No. 94/8A), Road No. 47, Jubilee Hills, Hyderabad.
AND
..... PETITIONER
1 Mandal Revenue Officer, Hanamkonda Mandal, Warangal District.
2 The Municipal Corporation of Warangal, Warangal. rep by its Commissioner
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a Writ Order or Direction, more particularly one in the nature of Writ ofMandamus declaring the action of the respondent in issuing the impugnedproceedings in R.C.No. B/1495/2004 dt. 7-10-2004, under section 7 of Madras LandEncroachment Act (3/1905) mentioning that the petitioner is an unauthorisedoccupant of the land specified therein, as arbitrary, illegal, unfair and unjust andconsequently set-aside the same as the provisions of Madras Act 3/1905 are notapplicable and also questioning the action of the respondents in proposing to lay aroad through the land of the petitioner without issuing any notice and withoutinitiating any proceedings and without paying any compensation as contemplatedunder the provisions of the Land Acquisition Act as arbitrary, illegal and violative ofArticles 14 and 300-A of the Constitution of India and contrary to the mandatoryprovisions of the Hyderabad Municipal Corporations Act.
For the Petitioner: MR.P.KESAVA RAO, Advocate For the Respondent No.1: GP FOR REVENUE
For the Respondent No.2: Mr. Polisetti Radhakrishna, SC for MCW
The Court at the stage of admission made the following :
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ORDER:
Heard the learned Counsel for the petitioner, learned Government Pleader forRevenue for first respondent and the learned Standing Counsel for secondrespondent-Municipal Corporation and with their consent the writ petition itself isdisposed of at the stage of admission.
The grievance of the petitioner is that without passing any orders on theexplanation dated 22-12-2004, submitted by him to the notice dated 07-10-2004,issued by the first respondent-Mandal Revenue Officer, under Section 7 of MadrasLand Encroachment Act (3/1905) branding him as unauthorized occupant of 47.95square metres of Government land, covered by portico of his house bearing No.2-2-419 of Lashkarsingaram, Hanamkonda, and calling upon his explanation in thatrespect, the respondents are trying to evict him therefrom, which is illegal andarbitrary.
Having regard to the facts and circumstances of the case, the first respondent isdirected to consider the explanation said to have been submitted by the petitioner,dated 22-12-2004 to the impugned notice dated 07-10-2004 and pass appropriateorders thereon in accordance with law. Till passing of such orders, the respondentsshall not evict the petitioner from the property in question, if not already evicted. If thepetitioner is aggrieved by the orders passed by the first respondent, he is at liberty tochallenge the same.
With the above directions, the writ petition is disposed of at the stage ofadmission. No costs.
______________
N.V. RAMANA, J
Date: 29-12-2004
Svv
1 The Mandal Revenue Officer, Hanamkonda Mandal, Warangal District.
2 The Commissioner, Municipal Corporation of Warangal, Warangal.
3 Two CCs. to the Government Pleader for Revenue, High Court Buildings, A.P., Hyderabad (OUT).Buildings, A.P., Hyderabad (OUT).
4 Two CD copies.